Latest news with #Gardenhire
Yahoo
18-03-2025
- Politics
- Yahoo
Tennessee Senate advances constitutional amendment to allow judges to deny bail
A Republican effort to amend the Tennessee Constitution to allow judges to deny bail to some criminal defendants continues to advance through the General Assembly. Senate Republicans on Monday gave final sign off to add the constitutional amendment to the 2026 gubernatorial ballot for a full public vote, though the measure still faces several hurdles in the House. The constitutional amendment would give Tennessee judges the ability to deny pre-trial bail release to defendants charged with certain serious crimes like terrorism, second degree murder and rape. The amendment would apply to dozens of criminal offenses. The bail reform effort has picked up both bipartisan support and opposition, though Republican leadership in both chambers are pushing hard to get the amendment through this session and on to a full state vote. Opponents of the effort have argued there is a slippery constitutional slope in keeping a defendant in jail if they haven't yet been found guilty, and others have warned an increase in pre-trial detention could harm already overburdened local jail systems with skyrocketing costs. "We should think long and hard before we push forward on curtailing the rights of the people we represent," Sen. Jeff Yarbro, D-Nashville, said Monday. Senate Majority Leader Jack Johnson, R-Franklin, said state courts are currently "hamstrung" by the state Constitution, which currently only allows pre-trial detention for capital offenses. With a U.S. Supreme Court precedent determining only murder can be considered a capital offense, Johnson said judges' hands are tied if they think defendants charged with a crime like rape would be danger to the community before they go to trial. "Our No. 1 job up here is public safety," Johnson said. "It's public safety, and to equip our court systems with the tools they need to keep our communities safe." Sen. London Lamar, D-Memphis, warned Tennesseans could likely see increases in local taxes to pay for the jail space needed. Unlike other bills, there is no clear financial analysis tied to the constitutional amendment. With more defendants held in jail awaiting trial, local communities could bear additional costs. Sen. Todd Gardenhire, R-Chattanooga, warned his colleagues about the potential for ballooning costs on local governments. "I've heard nothing from anybody about how we're going to pay for this when it hits the fan. Nothing. Crickets," Gardenhire said, calling hidden costs the "unintended consequence of a good idea." Gardenhire was the sole Republican to vote against the amendment. Johnson said local authorities like sheriffs and district attorneys have supported the amendment despite potential costs. "They believe the juice is worth the squeeze," Johnson said. The Tennessee District Attorneys General Conference last week passed a resolution endorsing the constitutional measure. "The Tennessee District Attorneys General Conference believes this change to the constitution will enhance public safety, reduce the revolving door of offenders charged with violent and sexual crimes, and will promote greater public confidence in the criminal justice system and the rule of law in this state," the conference said in a statement. Legal experts have raised concerns about the amendment's vague language, as the amendment voters would see on a state ballot does not list every crime that could be eligible for pre-trial detention. Instead, it references "any other offense" under which a convicted person could not be released before serving at least 85% of a sentence. Notably, the amendment as written would also allow the legislature to change which offenses qualify in the "any other offense" clause until Nov. 3, 2026. With early voting, this means Tennessee voters could cast a vote for or against the amendment before Nov. 3 and its very definition could be changed by the time polls close. Jeff Clayton, executive director of the American Bail Coalition, said his organization lobbied House Speaker Cameron Sexton, R-Crossville, last year to eliminate the "85%" offenses or make the language more clear in the amendment. The push to change the wording ultimately did not advance in 2024 and the language was not changed when it was filed this year. Clayton has been among the most outspoken opponents of the measure, arguing it contradicts an expected presumption of innocence and similar measures have led to skyrocketing costs in states like New Jersey. "It's not going to fix the crime problem in Tennessee, period," Clayton said. "I don't think anyone has presented any evidence of that. I think throwing in 83 charges is what the Supreme Court would call a scattershot attempt at crime control versus a targeted approach, which is what we support." The amendment has been a particular interest of Sexton, who has repeatedly pushed for the amendment and unusually sat in on a House Judiciary Committee this session to cast a vote. The speaker rarely openly participates in the committee process, but Sexton directed multiple questions to witnesses in favor of the amendment. He has also openly admonished the bail industry, which has lobbied against the resolution, in addition to any lawmakers who might be considering opposing the effort. "If this doesn't pass, the individuals who decide this isn't something they want to vote for are allowing a serial rapist to go free on bail," Sexton said. "You're taking away the ability of the judges to keep the public safe and not giving them the tools to look at that criminal and say it is better to incapacitate them than to have another victim." Sexton has stressed the amendment wouldn't be a "mandate" on judges, but rather give judges the discretion to restrict pre-trial bail when they deem it prudent. The amendment has had some bipartisan support. In committee, Rep. G.A. Hardaway, D-Memphis, said he felt the resolution properly balanced the rights of defendants and public safety. Meanwhile, two Senate Republicans on Monday announced they had changed their mind on the measure. Sen. Rusty Crowe, R-Johnson City, said he felt voters deserved a vote on the issue despite his personal issues with the amendment. To amend the state Constitution, proposed amendments must be approved by two separate General Assemblies: first by simple majority, and then again after an election year by two-thirds vote. The Senate approved the measure Monday in a 23-6 vote, enough to secure the two-thirds threshold. The amendment on bail initially passed last year, meaning lawmakers must pass it again this year or in 2026 before it could appear on the November 2026 gubernatorial ballot. This article originally appeared on Nashville Tennessean: TN Senate advances constitutional amendment to let judges to deny bail
Axios
05-02-2025
- Politics
- Axios
Tennessee Republicans seek to allow public schools to reject undocumented students
Leading Tennessee Republicans want to undo a decades-old U.S. Supreme Court decision that gives undocumented children the right to enroll in public schools. Why it matters: Conservative state lawmakers are doubling down on their efforts to mirror President Trump's hard-line immigration policies. Driving the news: Leading Republican lawmakers introduced a new bill on Tuesday that would allow public schools to turn undocumented children away. If the measure passes, advocates are certain to challenge it in court. The Republicans say that is the goal. What they're saying: A statement announcing the legislation said lawmakers want to challenge the decision in the 1982 Supreme Court case Plyler v. Doe, which requires public schools to educate all children, including undocumented immigrants. "Tennessee communities should not have to suffer or pay when the federal government fails to secure our borders," said House Majority Leader William Lamberth (R-Portland) is sponsoring the legislation in his chamber. "Our obligation is to ensure a high-quality education for legal residents first." State of play: The legislation drew immediate pushback from Democrats, immigrant advocates and even fellow Republicans. "This isn't a policy proposal; it's a lawsuit," Senate Minority Leader Raumesh Akbari (D-Memphis) said in a statement. "This bill doesn't just undermine our values — it puts a target on the backs of children, punishing them for political gain." The intrigue: State Sen. Todd Gardenhire, a Republican from Chattanooga, joined Democrats in criticizing the measure. "It saddens me that we pick on children," Gardenhire said, per the Tennessean. "That's just something we ought not to do here. These kids are brought here by their parents. If you believe in the Bible, as I do, all through the Old Testament it talks about you don't punish children for what their fathers do." "Right now, immigration is the bull market of politics," said Gardenhire, a staunch conservative who chairs the Senate Judiciary Committee. "Everybody is jumping on the bandwagon to be the champion and get bills passed, no matter how worthy they are or unworthy." Zoom in: In a statement to Axios, Metro Nashville Public Schools reiterated its commitment to educating all students regardless of immigration status. "We take pride in the diverse backgrounds of our student population and remain committed to providing a high-quality education to every child who walks through our doors," district spokesperson Sean Braisted said. "Ensuring access to education strengthens our community and contributes to a more prosperous future for all." The big picture: The new Republican legislation came days after the General Assembly passed a Trump-inspired immigration bill along party lines during a special session. Flashback: The General Assembly's posture on education for undocumented students has shifted significantly over the last decade. Gardenhire previously backed efforts to give undocumented students in-state tuition at public colleges. Ten years ago that measure won support from several Republicans and came within one vote of passing. Editor's note: This story has been updated with a response from Metro Nashville Public Schools.
Yahoo
04-02-2025
- Politics
- Yahoo
Tennessee Republicans file bill to allow public schools to reject undocumented children
Two high-ranking Tennessee Republicans have filed a bill to allow public schools to deny enrollment to children who entered the country illegally, a direct challenge to a long-standing federal precedent that guarantees a right to public education to all children in the United States. House Bill 793 would allow Tennessee schools to refuse to enroll a child "who is unlawfully present in the United States." The proposed law doesn't require schools to do so, meaning school districts can still allow enrollments without citizenship or legal residency documentation. The legislation would almost certainly be legally challenged if passed into law. A statement from the House Republican Caucus said that it is the bill sponsors' specific intent to challenge a 1982 U.S. Supreme Court ruling that enshrined the requirement for American public schools to provide equal access to all children. House Majority Leader William Lamberth, R-Portland, and Sen. Bo Watson, R-Hixson, filed the legislation on Tuesday. "Our education system has limited resources, which should be prioritized for students who are legally present in the country,' Watson, chair of the powerful Senate finance committee, said in a statement. 'An influx of illegal immigration can strain (local education agencies) and put significant pressure on their budgets. This bill empowers local governments to manage their resources more effectively and builds upon the legislative action taken during the special session to address illegal immigration at the local level." Sen. Todd Gardenhire, R-Chattanooga, criticized the effort on Tuesday. "It saddens me that we pick on children," Gardenhire said. "That's just something we ought not to do here. These kids are brought here by their parents. If you believe in the Bible, as I do, all through the Old Testament it talks about you don't punish children for what their fathers do." Gardenhire, a conservative who chairs the Senate Judiciary Committee, was sharply critical of immigration policy under the Biden administration and supports cracking down on border access. But he's also opposed GOP immigration enforcement measures that target schools. This year, he filed Senate Bill 17 in an effort to exempt school resource officers from a 2024 bill that requires law enforcement to alert federal immigration authorities if they discover someone entered the country illegally. But Lamberth called a "flood of illegal immigrants" an "enormous drain on American tax dollars and resources." "Our schools are the first to feel the impact,' Lamberth said. 'Tennessee communities should not have to suffer or pay when the federal government fails to secure our borders. Our obligation is to ensure a high-quality education for legal residents first.' Gardenhire pointed out that undocumented immigrants in Tennessee pay into the state's tax structure, which relies on sales tax rather than income tax to support the state's budget. "We are a sales tax state, and every person that goes to the 7-11 or grocery stores or gas pump, they pay a sales tax," Gardenhire said. "Just like I do, just like Sen. Watson does." Immigration is shaping up to be one of the hallmark issues of the 2024 legislative session, as Republicans like Lamberth and Watson have argued the reelection of President Donald Trump represents a mandate on the issue for lawmakers. "Right now, immigration is the bull market of politics," Gardenhire said. "Everybody is jumping on the bandwagon to be the champion and get bills passed, no matter how worthy they are or unworthy." Rep. Gino Bulso, R-Brentwood, has filed similar legislation to limit public education access for undocumented students. House Bill 145 would require parents or legal guardians who are not "lawfully residing" in Tennessee to pay tuition and fees to enroll a student in a local school. Bulso's bill also takes aim at banks, prohibiting financial institutions from transmitting international transfers without verifying immigration status. The bill would also allow the Tennessee Department of Financial Institutions to demand the bank's immigration records at anytime, without a court order. Legislative Democrats and immigration advocates have decried recent immigration efforts, such as the bill Republicans passed last week during a special session that will criminalize local officials for their votes on sanctuary policies. But the legislative opposition has few tools at their disposal to stop GOP supermajority-backed legislation from passing into law. Lisa Sherman Luna, executive director of Tennessee Immigrant and Refugee Rights Coalition, reiterated Tuesday that all children in Tennessee have the right to attend public schools, which should "be a place where children learn, make friends and dream about their futures." "Now, however, extreme politicians are attacking fundamental rights and liberties, and we cannot take anything for granted," Sherman Luna said. "These politicians are scapegoating vulnerable children to divide and distract Tennesseans from their leadership failure. As a Tennessean, and most importantly, as a mother, I want to make this very clear: When you come for our kids, you come for us all." This article originally appeared on Nashville Tennessean: Tennessee Republicans want to let public schools reject undocument kids
Yahoo
29-01-2025
- Politics
- Yahoo
Bill criminalizing votes for immigrant sanctuary policies ‘constitutionally suspect'
Immigrant families and activists rally outside the Tennessee State Capitol in 2018, protesting a law to prohibit sanctuary cities.(Photo by) As Gov. Bill Lee's immigration enforcement plan moves swiftly through the Tennessee Legislature, one component of the bill — aimed at arresting local officials who support sanctuary policies for immigrants — drew scrutiny Tuesday. Included in the governor's wide-ranging proposal to coordinate with the Trump Administration on mass immigrant detentions and deportations is a provision that creates a Class E felony for public officials who vote to adopt or enact sanctuary policies. Sanctuary policies can shield undocumented immigrants and limit cooperation with enforcement action The felony charge, punishable by up to six years in prison and a $3,000 fine, would apply to any public official who votes in favor of a sanctuary law, policy or on non-binding resolutions. Sen. Todd Gardenhire, the Republican chair of the Senate Judiciary Committee, blasted the provision Tuesday as a 'dangerous precedent.' 'We are a Republic, and a Republic is one that we elect people to vote the way they feel like is best for the district, the city, county or the state,' he said. 'If we set the precedent of penalizing any elected official for voting their conscience, whether it's good or bad, then we set a dangerous precedent for the future,' he said. Under Trump, immigration arrests at school could be a step too far for some Tennessee conservatives Democrats characterized the provision as a 'slippery slope' that could be invoked in future legislation to criminalize votes on any controversial issue. 'It is alarming we are sitting here talking about felonizing elected officials taking votes on behalf of their constituency,' Sen. Heidi Campbell, a Nashville Democrat, said. 'Boy, this is a slippery slope and be careful what you wish for if you vote for this.' Gardenhire was in the minority among Republicans who dominate the Senate Judiciary Committee. They quickly shot down Gardenhire's efforts to amend the bill to remove criminal penalties before voting to advance it in the legislature. Sanctuary policies are already prohibited by a 2019 Tennessee law that sought to prevent local governments from adopting sanctuary city status —as some other Democrat-led cities across the country have done. The 2019 Tennessee law gives citizens the right to file civil suits challenging any jurisdiction's adoption of sanctuary policies and the state the power to withhold funding over violations. 'When the state banned sanctuary cities, its remedies were to deny cities grants and to seek a court order,' said Ken Paulson, director of the Free Speech Center at Middle Tennessee State University. 'Here the state is trying to control the actions of duly-elected officials through the police power,' he said. 'That's a dramatic escalation.' One national government accountability expert said he knew of no other state law that threatened to prosecute public officials for how they cast a vote. I don't know of any other laws, state or federal, that penalize elected officials on the basis of how they vote. This seems to defeat the whole purpose of democratic-republican (representative) government. – John Vile, Middle Tennessee State University 'It's an unprecedented power grab and criminalization of political discourse,' said Dan Vicuña, director of redistricting and representation for Common Cause, a Washington, D.C. advocacy group. 'It puts at risk the basic right to local representative and democratic government,' he said. And local legal experts, among them the legislature's own attorney, said the provision may be 'constitutionally suspect.' 'Generally speaking Tennessee courts have found legislative bodies have legislative immunity for acts that serve part of their legislative function and that legislative immunity extends to local legislative bodies,' Elizabeth Insogna, a Legislative attorney, told the committee. 'Be prepared' Nashville leaders caution immigrant communities about looming crackdowns 'It's possible that a criminal provision that is enforced against a member of a legislative body may be constitutionally suspect,' she said. 'It would be up for a court to determine.' John Vile, professor of political science and Dean of the University Honors College at Middle Tennessee State University said 'legislators should heed Article 1' of the Tennessee Constitution, which establishes a 'Declaration of Rights' for citizens and their elected representatives. 'I don't know of any other laws, state or federal, that penalize elected officials on the basis of how they vote,' he said. 'This seems to defeat the whole purpose of democratic-republican (representative) government. Republicans however noted the criminal penalties are aimed at elected officials attempting to pass legislation already outlawed in Tennessee. 'I think everybody would agree that's something that elected officials should be prohibited from doing, or should not do,' said Sen. Kerry Roberts, a Springfield Republican. 'The fact there's a consequence for it, I personally don't have a problem with that, because they ought not to be doing it in the first place. It's illegal.' Only two current laws provide criminal penalties for lawmakers acting in their official capacities, according to Stephen Crump, executive director of the Tennessee District Attorneys General Conference. One longstanding law allows criminal charges to be brought against county commissioners who fail to adequately fund local jails. Other lawmakers may be charged if their vote violates official misconduct statutes. 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Yahoo
27-01-2025
- Politics
- Yahoo
Under Trump, immigration arrests at school could be a step too far for some Tennessee conservatives
High school students from across Tennessee pose on the steps of the State Capitol with Sen. Todd Gardenhire, Gov. Bill Haslam, and Rep. Mark White, all Republicans, on March 13, 2018. Brought to Nashville by the Tennessee Immigrant & Refugee Rights Coalition, the students met with lawmakers and lobbied for a bill to give them access to in-state college tuition, regardless of their immigration status. The bill did not pass. (Courtesy of the State of Tennessee) (This story was originally published by Chalkbeat. Sign up for their newsletters at Sign up for Chalkbeat Tennessee's free newsletter to keep up with statewide education policy and Memphis-Shelby County Schools. State Sen. Todd Gardenhire is a conservative Tennessee Republican who credits his anti-abortion stance and support of gun rights for his recent reelection to a fourth term. In recent years, he's fended off attempts to tighten the state's lax gun laws, pushed for a state law to curb 'implicit bias' training for educators, and supported a border crackdown to keep people from illegally crossing into the United States. But when it comes to the children of people who came to the country illegally, the Chattanooga Republican is a bit of an outlier, even as many in his party are cheering President Donald Trump's aggressive push against illegal immigration. Since taking office in 2012, Gardenhire has sponsored several bills to try to give all Tennessee students access to in-state college tuition, regardless of their immigration status. A supporter of private school vouchers, he voted 'no' on Gov. Bill Lee's limited 2019 voucher plan because he didn't like how it excluded undocumented students from participating. We don't need to involve our school resource officers in any enforcement policy that makes children afraid to go to school. – Sen. Todd Gardenhire, R-Chattanooga This year, he's sponsoring a bill to exempt school-based officers from a new state law that requires law enforcement agencies to alert federal immigration authorities if they discover people are in the United States illegally. 'When you look at the Old Testament, it's clear: Scriptures say you don't punish children for what their parents did,' Gardenhire said. 'We don't need to involve our school resource officers in any enforcement policy that makes children afraid to go to school,' he added. 'School should be a safe place to learn and be educated.' Gardenhire is among some Republicans who believe that the schoolhouse door is a step too far for any measures aimed at mass deportation. It's an issue that could divide the GOP over whether to shield school communities or go all out on immigration enforcement, as Trump's administration takes steps to deliver on his campaign promises. Hours after the new president took office, the U.S. Department of Homeland Security rescinded a 30-year policy preventing immigration agents from making arrests in or near 'sensitive' areas like schools, churches, and hospitals. Instead, an agency memo instructs its agents to use 'common sense' in carrying out their duties. Depending on how it plays out, the change could affect every school in America — and shift public opinion on Trump's immigration agenda. 'This isn't just about immigrant families,' said Lisa Sherman Luna, executive director of the Tennessee Immigrant & Refugee Rights Coalition. 'It will affect students who are worried about their classmates and friends, teachers who are worried about their students, and citizens who are worried about their neighbors,' she said. Her organization believes that enforcing immigration laws by making arrests in or near schools and children would be traumatic and distracting for all students and teachers. 'I think there will be immense pushback from the public, and it could be a step too far for conservative Republicans, too,' said Sherman Luna. Nationally, an estimated 4.4 million U.S.-born children have at least one parent who is not in the country legally, and an estimated 733,000 school-age kids are undocumented themselves. In Tennessee, an estimated 12,000 school-age kids are undocumented. While most Americans say they support deporting immigrants who are in the country illegally, many are uncomfortable with using harsh measures to accomplish that goal, according to an Axios-Ipsos poll this month. For instance, most don't favor expedited removals that separate families, or deportation for immigrants who came to the U.S. illegally as children, the poll says. The Trump administration's quick moves on immigration have both the public and policymakers trying to understand the complexities of mass deportation. The new president's policies appear to be aimed at all people who are in the country illegally, not just those who commit crimes while in the U.S. This week, the Justice Department ordered U.S. attorneys to prosecute local officials who refuse to help the Trump's administration carry out the president's immigration agenda. Tennessee Gov. Bill Lee has called the legislature into a special session on Jan. 27 to take up immigration enforcement and other issues, including his statewide private school voucher proposal. This week, the Republican governor and GOP leaders unveiled a package of bills that, among other things, would appoint a state-level immigration enforcement officer and make it a crime for public officials to resist new federal and state immigration policies. Sen. Gardenhire is incredibly principled, and he represents an interesting district where the immigrant student population is growing. – Lisa Sherman Luna, Tennessee Immigrant and Refugee Rights Coalition Advocates for immigrant families hope that conservative elected officials like Gardenhire will continue to support them on education matters in a state where Republicans hold firm control on government at most levels. The 76-year-old Gardenhire — sometimes gruff, sometimes poetic — has become an unlikely ally of one of Tennessee's most historically underserved student groups. His district includes most of urban Chattanooga, but also the rural counties of Bledsoe, Marion, and Sequatchie. 'Sen. Gardenhire is incredibly principled, and he represents an interesting district where the immigrant student population is growing,' said Sherman Luna. Ten years ago, when she was a policy director for the state's oldest coalition for immigrant rights, Sherman Luna worked with Gardenhire on the in-state tuition bill. It passed in the Senate but came up just short of the votes needed in the House. 'He's got a big heart for immigrant families,' said Sherman Luna. 'He understands not only the humanity of these children and families, but also that the success of Hamilton County depends on our ability to educate students so they can graduate and become successful contributors to their communities.' The Tennessee Sheriffs' Association supports Gardenhire's proposal to exempt school resource officers from the new law requiring law enforcement agencies to help federal authorities identify, detain, and deport people who are in the country illegally. 'The goal of a school resource officer is to keep schools safe and to build trusting relationships with students and faculty,' said Jeff Bledsoe, the association's executive director. 'Children shouldn't be afraid of their SROs.' As for Gardenhire, he's studying how the new politics of immigration might affect his bill — while also reflecting deeply on his religious, moral, and economic principles. Labeled a RINO — or Republican in name only — by far-right conservative groups, he describes himself as an old-school Reagan Republican, a 'fixer' with an independent streak. Lt. Gov. Randy McNally, in reappointing Gardenhire this month to chair the Senate's powerful judiciary committee, called him a 'strong conservative who understands the need for a tough-on-crime approach.' 'People can differ with me on these matters, and I respect that,' Gardenhire said regarding his advocacy for the children of immigrants at risk of deportation. 'I just feel called to work to educate as many children as possible, no matter who they are and what their backgrounds are, and to protect them,' Gardenhire said. 'On Judgment Day, all of us will have to answer to somebody on how we treated the little children.' Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@ Chalkbeat is a nonprofit news site covering educational change in public schools.
